It happened during the covid-19 wage subsidy from IRD. As everything was happening and we were confused about most of

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Customer: It happened during the covid-19 wage subsidy from IRD. As everything was happening and we were confused about most of the things occurring during that time. I paid the whole subsidy in one payment of $3850 on 27th March. Next day my accountant has called me and advised me how thing will work. She has advised me that the staff will get paid weekly for the total average hours/ week they worked in prior 3 months. The girl was working a total of 8.5 hours/ week on average for the last 3 months and she was supposed to get paid for that.
I have asked the girl the next day of payment to return that money and I'll be paying her weekly for her average hours/ week but she has denied to pay back as she paid the amount to a car dealer for her new car.
I have asked her to ask her family and friends to arrange any amount of funds she can return to me but she denied for that as well.
I have asked her just to relax for a while now as situations are not good around due to COVID-19 and didn’t force or pressure her for the money.
I asked her to work for me and I’ll deduct the money from the total amount you owed but she denied for that as well and consider it as an illegal way of work.
Now I received a text from her yesterday saying that if I call her back on work, she can pay a partial amount back to the owed money but that will take her years to pay back as she is on minimum wage as she is just student and works around 8-10 hours/ week. I also asked her not to pay $628.46.
She is off to her university from this march or April and I am afraid of that owed money.What should I do now? Can you please advise on it?
JA: Are you hourly or salaried? How many hours do you work each week?
Customer: 40
JA: Where are you located? Wage-and-hour laws vary by state.
Customer: South taranaki
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I operate a small restaurant with my family. One of our casual staff owed money to me and I want that money back asap. I have tried all the possible ways but I dont think it happening. It happened during the covid-19 wage subsidy from IRD. As everything was happening and we were confused about most of the things occurring during that time. I paid the whole subsidy in one payment of $3850 on 27th March. Next day my accountant has called me and advised me how thing will work. She has advised me that the staff will get paid weekly for the total average hours/ week they worked in prior 3 months. The girl was working a total of 8.5 hours/ week on average for the last 3 months and she was supposed to get paid for that.
I have asked the girl the next day of payment to return that money and I'll be paying her weekly for her average hours/ week but she has denied to pay back as she paid the amount to a car dealer for her new car.
I have asked her to ask her family and friends to arrange any amount of funds she can return to me but she denied for that as well.
I have asked her just to relax for a while now as situations are not good around due to COVID-19 and didn’t force or pressure her for the money.
I asked her to work for me and I’ll deduct the money from the total amount you owed but she denied for that as well and consider it as an illegal way of work.
Now I received a text from her yesterday saying that if I call her back on work, she can pay a partial amount back to the owed money but that will take her years to pay back as she is on minimum wage as she is just student and works around 8-10 hours/ week. I also asked her not to pay $628.46.
She is off to her university from this march or April and I am afraid of that owed money.What should I do now? Can you please advise on it?
Answered by Chris The Lawyer in 20 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

If she does not have the money to pay you back, then working this off would be the only real option. I suggest you get her to agree to work for you until she has repaid at least some of the money

Customer
She might be leaving town next month for her further study may be in Auckland.
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Chris The Lawyer, Expert

It may be difficult to get her to return the money. You could bring a claim against her in the Disputes Tribunal, but if she isnt earning any money it may be hard to make her pay

Customer
okay, thanks Chris
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Chris The Lawyer, Expert

I am sorry this wasn't a very positive reply, but I try to be realistic

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